Terms and conditions
The K 100 Country VIP (the "Service"), operated by Frankly Media, Inc., and WKKO-FM (together, Frankly Media, Inc. and WKKO-FM are referred to as "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all Points you have accrued in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where registered users can accrue Points by engaging in certain activities and can redeem Points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in.
Eligibility
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are 13 years of age or older. Employees or agents of WKKO-FM, Frankly Media, Inc., and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the Points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the Points required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
Membership registration
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 13 years of age or under you cannot post information about yourself on the website or complete the registration process. You can, among other things, review your accumulated Points, review the Terms and Conditions as amended from time to time, and review redemption options at wkkofm.clubviprewards.com .
Account security
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your Points accrued will be forfeited.
Points
To earn Points, you must undertake an activity described in a Service-authorized promotion for earning Points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which Points will be awarded in connection with the Service. You also will be rewarded a percentage of the total Points that your primary referrals earn on their use of the Service. We expressly reserve the right to change the rate at which referred Points are credited and to limit the amount of referred Points credited to your account each week to an overall maximum number of Points that may be less than the number of member referred Points that would have been credit based on the current percentage being paid. We also expressly reserve the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of transactions from the accumulation of Points or to specify periods after which unused Points will be forfeited. Points can be accrued only for activity actually taken and completed by you or by your primary referrals and can be applied only to your account. You may earn Points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Streaming activity is further limited to one stream at a given time. You may accrue Points simultaneously for non-streaming activity, provided it is in accordance with the conditions regarding network access Points and multiple computers. Points posted to your account for transactions that are subsequently voided will reduce the Points accrued in your account by the number of Points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned Points to each user's account. However, you are responsible for ensuring that your Points are properly credited. If you believe that Points have been earned but not credited, or in cases where we deem verification is required, we reserve the right to require proof of accrual, including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Points by you and proof of accrual within three months after the date such Points are claimed to be earned. Points will be maintained in your account until they are redeemed for a Reward or for 6 months or are forfeited whichever occurs first. Each month, all Points that are more than 6 months old will be deleted from your account. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
Rewards
You may redeem Points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. You may use your Points to submit Sweepstakes entries, each of which is subject to their own official rules available on the entry screen. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Any rules of the merchants relating to returns and exchanges apply, but no Points will be re-credited to your account. You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.
Games
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require Points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Frankly Media, Inc., 2110 Powers Ferry Road., Suite 470, Atlanta, GA 30339. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
Privacy Policy
By participating in the Service, you agree that we may collect and use information about you that you provide to us in accordance with our Privacy Policy. For more information the privacy policy is located here. By using the Service, you agree to be bound by the terms of our Privacy Policy.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of Points or redemption of Rewards may result in forfeiture of accrued Points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any Points, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING Points FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING Points FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties. We are not responsible for any incorrect or inaccurate information, whether caused by data entry errors by us, website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the set up or processing of the service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site. We are not responsible for cheating or fraud by any members. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of Points, use of Rewards, or other participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Points from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Frankly Media, Inc. and/or its licensors, which reserves all rights to such property.
Show Us Your Rack
Official Contest Rules
A complete copy of these rules can be
obtained at the offices of radio station WKKO (“Station”), owned and operated by Cumulus Media
Inc. or one of its subsidiary companies, 3225 Arlington Ave, Toledo, OH 43614,
during normal business hours Monday through Friday or by sending a
self-addressed, stamped envelope to the above address.
The Station will conduct the Show Us Your
Rack Contest (the “Contest”) substantially as described in these rules, and by
participating, each participant agrees as follows:
1.
No purchase is
necessary. Void where prohibited. All federal, state, and local regulations
apply.
2. Only
legal U.S. residents age 18 or older with a valid Social Security number at the
time of entry are eligible to participate in Station contests. Employees,
agents, representatives, or affiliates of the Station, Cumulus Media Inc., its
subsidiaries and affiliates, participating sponsors, other radio stations,
television stations and print advertising companies serving the metro area, and
their immediate family members and household members are not eligible to
participate. The term “immediate family
members” includes spouses, parents, siblings, grandparents, children,
grandchildren and cohabiting significant others.
3.
An individual may
win an on-going contest only once per six-month period unless otherwise
specifically stated. An individual may win other seasonal or
one-time contests only once for the duration of the contest. The Station
reserves the right to limit the number of times an individual may enter a
contest or drawing.
4.
The contest will
begin on Monday October 28th, 2013 and will run through December
8th, 2013 (the “Contest
Period”).
5.
There are 2 ways
to enter this Contest:
(i)
Visit either of
the Station’s websites at www.k100country.com and upload a picture of
yourself with your prized deer and complete an entry form. One entry per person, per household, per
email address. All online entries must
be received by midnight on December 8th, 2013.
(ii)
Mail picture of
your deer and 3x5 card to the Station at the address above containing the
following information: name, address, age, phone number. All entries must be received by December 8th,
2013. Late, incomplete or illegible
entries will be disregarded.
6.
On December 9th, 2013, one (1) entrant
will be randomly selected from all eligible entries as potential grand prize
winner. If it is determined that the
candidate is not eligible to receive the grand prize, in the Station’s sole
judgment and discretion, another candidate will be randomly selected for eligibility
consultation and this process will continue on until such time as an eligible
candidate is found. In the unlikely
event that no candidates are found to meet the specifications, then the prize
will go un-awarded. In the event of a
tie, the winner will be determined by and at the Station’s sole
discretion.
One (1) grand prize will be awarded. The grand prize package consists of the following: Carry and Concealed Weapon training class for 4 from Parabellum Gun Shop. $200 gift certificate for deer processing from Tanks Meats. $100 gas card from Northpointe Auto Sales. $100 gift certificate from Sonseeahray Western and English Store. 3 year membership to Maumee Valley Gun Collectors Club and $364 in prizes from Clelands Outdoor World.
7.
. All expenses and fees associated with the
grand prize not expressly included in the foregoing prize description are the
sole responsibility of the winner. Total
grand prize package is valued at $1,389.
8.
Odds of winning
depend on a number of factors including the number of eligible entries received
and listeners participating at any given time.
9.
All State, Local,
Federal and or other taxes, duties, tariffs, title fees, licensing fees, or
other fees for prizes awarded become the sole responsibility of the
winner. All those who win a prize or prizes
valued $600 or more in any given year will be issued an IRS Form 1099 to report
their winnings.
10. All prizes are awarded “as is.” Prizes are nontransferable and cannot be
exchanged. No substitute prize will be
awarded to a winner who declines to accept a prize. The Station reserves the right to require
contestants to be present at drawings in order to win their prize. The Station shall not be responsible for the
failure of participating sponsors to deliver the prizes or any part thereof as
described herein.
11. All prizes must be claimed in person at the Station at
the address identified above during regular business hours and within ten (10) business
days of winning, excluding holidays, unless otherwise agreed to by the Station
at its sole discretion. After such time,
ownership of said prize reverts back to the Station to be disposed of at its discretion. The winner then loses all claims and rights
to said prize. Proper identification
must be presented by any winner to claim prize.
As a condition to receiving any prize, each potential winner must complete
and sign a Winner’s Affidavit and Release, releasing the Station from all
liability in connection with winner’s participation in the contest and acceptance,
use, or non-use of the contest prize.
12. All entrants and winners agree that the Station shall
have no liability for any injury, misfortune, or damage to either persons or
property incurred by entering, participating in, winning, or losing any contest
and/or by the acceptance, use, or non-use of any prize received in connection
with this contest.
13. All entry blanks, forms, devices, and materials
gathered during the course of entry, as well as all information contained on or
within, shall become the sole property of the Station to be used, disposed of
or destroyed in its sole discretion. The
Station is not responsible for any incorrect or inaccurate information entered
by website users, and assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to the
Station’s website.
14. By participating in a Station contest in which
text-message-based entry is permitted, entrants acknowledge that text messages
are distributed and delivered through third party providers. Station does not guarantee, nor shall Station
be in any way responsible for, the delivery or timeliness of any text message
entry. Station will at all times
consider the time that a message is logged as arriving in its system as being
the time of entry, regardless of the time at which the entrant attempted to
send the entry and any technical problems or other complications that may have
delayed its delivery. Station is not
responsible for service outages, message failures, transmission delays or any
other factor affecting the availability or performance of the text messaging
service. Contests with
text-message-based entries are subject to the Station’s Privacy Policy. By participating in Station contests,
entrants agree that the Station may contact that entrant at the telephone
number from which the text message entry was received. All text message entries must come from a
valid and identifiable telephone number.
Station reserves the right, in its sole discretion, to disqualify any
entry if that entry’s source and sender cannot be reasonably determined. Station, through its third party text
messaging administrators, will store all messages received on its system. Station may require, on request, proof of
identity as to the rightful owner of the phone number from which the text
message entry was sent.
15. All entrants and winners agree to give the Station and
its licensees, affiliates, successors, and assigns the irrevocable and
unrestricted right to use, re-use, broadcast, or publish their name, city of
residence, photo, video tape, film or any other likeness, including portraits
and pictures, in whole or in part, as part of a composite, retouched or
distorted in character or form, and winner’s voice, recorded or live, for any
reason the Station deems necessary without compensation, unless prohibited by law. All winners release, discharge, and agree to hold
the Station harmless from any and all claims they may have against the Station
in connection with the taking, production, or the use of winners’ name, city of
residence, any photo, video tape, film or any other likeness, including
portraits and pictures, in whole or in part, as part of a composite, retouched,
or distorted in character or form and without restrictions as to any changes,
transformations or alterations, and including winners’ voices, recorded or
live. All winners further acknowledge
that the Station owns or will own exclusively any photographs of such winners
used for such purposes, including the copyrights in them, regardless of the
form in which they have been or may be produced and used, and all winners
assign all such ownership rights to the Station.
16. By participating in the Contest, each participant
agrees to receive email communications from the Station regarding Station
events and contests. Any participant that opts-out of these mailings will also
remove themselves from the contest. By
participating in the Contest, where allowed by law, participants agree that the
Station may disclose personal information obtained from participants in the
Contest to third parties and use such information for marketing and other
purposes.
17. By participating in the Contest, participants agree to
be bound by the decisions of Station personnel. Persons who violate any rule,
gain unfair advantage in participating in the Contest, or obtain winner status
using fraudulent means will be disqualified. Unsportsmanlike, disruptive,
annoying, harassing or threatening behavior is prohibited. The Station will
interpret these rules and resolve any disputes, conflicting claims or
ambiguities concerning the rules or the Contest and the Station’s decisions
concerning such disputes shall be final. If the conduct or outcome of the
Contest is affected by human error, any mechanical malfunctions or failures of
any kind, intentional interference or any event beyond the control of the
Station, the Station reserves the right to terminate this Contest, or make such
other decisions regarding the administration or outcome as the Station deems
appropriate. All decisions will be made by the Station are final. The Station
may waive any of these rules in its sole discretion. ANY ATTEMPT BY A
CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR
DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR
WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION RESERVES
THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT
PERMITTED BY LAW.
18. By participating in this contest, each participant
agrees to waive any and all claims for damages for death, personal injury, loss
of property or property damage that he or she may sustain as a result of his or
her participation in the contest and/or the use of any prize, and any damages
or losses arising from the implementation or carrying out of the contest or any
participant’s failure to win the contest or receive the prize, and to release the
Station, Cumulus Media Inc. and its subsidiaries, affiliates, directors,
officers, employees, agents, and all contest sponsors from any and all
liability arising out of or connected in any way with his or her participation
in the contest, even though that liability may arise out of an intentional act,
omission, negligence or carelessness on
the part of the persons or entities mentioned above.
19. A winners list may be obtained after December 9th,
2013 by sending a self-addressed stamped envelope to the following address: 3225 Arlington Ave. Toledo, OH 43614
Participating Sponsors:
Parabellum Gun Shop
Tanks Meats
Clelands Outdoor World
Northpointe Auto Sales
Maumee Valley Gun Collectors
Sonseeahray Western and
English Store